Keasy v. City of Louisville
Court of Appeals of Kentucky
Case. From the Circuit Court for Jefferson County. The power of the~ Legislature to incorporate a city'(Louisville) is not questioned; nor is it doubted that the municipal government has authority, ' as an incidental corporate right, to grade and pave the-streets, and to alter & change the ' grades, at any time and in any way that the public convenience may require; and of that the city authorities are the judges; and their docisions—made with a due regard to paramount laws…
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Case. From the Circuit Court for Jefferson County. The power of the~ Legislature to incorporate a city'(Louisville) is not questioned; nor is it doubted that the municipal government has authority, ' as an incidental corporate right, to grade and pave the-streets, and to alter & change the ' grades, at any time and in any way that the public convenience may require; and of that the city authorities are the judges; and their docisions—made with a due regard to paramount laws and private rights— areflna! and conclusive. Private property cannot be taken for public use without the owner’s…
1Opinion of the Court
Chief Justice
Robertson delivered the Opinion of the Court.
Daniel Keasy, owning a lot on Jefferson street, in Louisville, on which he had erected a small wooden bouse, s’mee that street had been graded and paved, under the charter of incorporation of 1828—sued the city, in as action on the case, for elevating the grade about three I feet above the level of his lot, after he had thus improved/ it, correspondently with the first grade, in consequence/ of which he had, as he avers, to fill up his lot and reconstruct his house, and had been, in o-ther respects, subjected to inconvenience and…
2Cited by15 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- City of Henderson v. McClainCourt of Appeals of Kentucky · 1897
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